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Bombay High Court

KANTABEN NAVINCHANDRA SHAH AND OTHERSversusDESIGNATED OFFICER AND ANOTHER

Decided
Disposal
Disposed Off

Holding

An appeal may be dismissed for non‑prosecution where the appellant fails to appear after a court notice, and any pending interim applications are deemed disposed.

Summary

The appellants, Kantaben Navinchandra Shah and others, filed an appeal against the Designated Officer, Executive Engineer. The High Court issued a notice on 16 January 2026 requiring the appellants to appear, warning that failure to do so would result in dismissal for non‑prosecution. The appellants did not appear on the scheduled date. The Court, noting the absence despite the warning, dismissed the appeal for non‑prosecution. It also ordered that any pending interim applications in the matter be disposed of. The decision underscores the court's authority to dismiss proceedings when parties fail to prosecute their claims.

Issues considered

  • Can an appeal be dismissed for non‑prosecution when the appellant fails to appear after being duly noticed?
  • Do pending interim applications stand disposed upon dismissal of the main appeal for non‑prosecution?

Subjects

  • civil procedure
  • non‑prosecution
  • dismissal of appeal
  • interim applications
  • court notice

Judgment

        Digitally
        signed by
        JYOTI
JYOTI   PRAKASH
PRAKASH PAWAR
PAWAR   Date:
        2026.01.27
        20:52:33                                       14 Kantaben Navinchandra Shah Vs. Designated Officer, Executive Engineer
        +0530




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION
                          APPEAL FROM ORDER NO. 455 OF 2022
                                        WITH
                      INTERIM APPLICATION (ST) NO. 11349 OF 2022
                                        WITH
                         INTERIM APPLICATION NO. 2909 OF 2022
                                          IN
                          APPEAL FROM ORDER NO. 455 OF 2022


       Kantaben Navinchandra Shah & Ors.                                                                                                                                                                                 … Appellants
            V/s.
       Designated Officer , Executive
       Engineer (B And F) & Anr.                          … Respondents
                       _______________________________________

       Ms. Preeti Gada h/f Preeti Gada & Associates for Intervenor in IA.
       Mr. Sachin Vajale for Respondent BMC.
                       _______________________________________

                                                             CORAM : FARHAN P. DUBASH, J.

                                                             Date :                                                                                                    23rd JANUARY 2026

       P. C :


       1.            By an order dated 16th January 2026, this Court had noted that

       none appeared for the Appellant and accordingly, the matter was placed

       today for dismissal whilst putting the Appellant to notice that if he does not

       remain present, this Court would have no other option but to dismiss the

       Appeal for non-prosecution.

       2.            Despite this order, none appears for the Appellant today.



                                                             Page 1 of 2
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                                                    Order dated 23rd January 2026
                                              14 Kantaben Navinchandra Shah Vs. Designated Officer, Executive Engineer




Considering the above, this Court has no other option but to dismiss the

Appeal for non-prosecution. All pending Interim Applications therein, if any,

also stand disposed of in terms of the above order.




                                                                                                                                                                                                                ( FARHAN P. DUBASH, J.)
Mandar M.




                                                    Page 2 of 2
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                                           Order dated 23rd January 2026


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